Whoever is feeding Joe Biden his judiciary nominations needs to be fired.
Clearly, we do not expect Biden’s nominations to be on the conservative side of the aisle, but we do expect them to have an in-depth understanding of the law.
For the umpteenth time, however, a Biden nominee has been embarrassed by Senator Kennedy (R-LA) on what should be an easy answer about the law.
I Don’t Recall
Kennedy has been a judge killer during these nomination hearings.
He has made an utter fool of at least a half-dozen judiciary nominees that Biden has put before the Senator Judiciary Committee (even though Democrats have still passed most of them through).
This time, it was Sara E. Hill, who was nominated by President Biden to be the district judge for the Northern District of Oklahoma.
Kennedy asked Hill to define a “stay” and an “injunction.”
A “stay” is ordered to halt legal proceedings, and it is usually a temporary order until the case plays out. For instance, when the Supreme Court stayed a case in Texas on access to the abortion drug mifepristone.
An injunction is a court order that requires a person or party to do or not to do a specific action, such as a chemical company being ordered to stop dumping waste in a local waterway.
I am far from a legal expert, and even I know these definitions.
When Hill was asked to define them, she stated, "A stay order would prohibit, um, sorry. An injunction would restrain the parties from taking action. A stay order … I'm not sure I can, actually can, can give you that.”
It got even better when Kennedy asked her the definition of collateral estoppel. In its most basic definition, it prevents double jeopardy as outlined in the 5th Amendment as well as the due process clause in the 14th Amendment (and yes, I did have to look that up, but I am not an attorney hoping to be a judge that will oversee such cases).
This was Hill responding to that question…
Carrie Severino, constitutional lawyer and president of the Judicial Crisis Network, shredded Hill, stating, "How can an individual who wants to be a federal judge possibly not know this?
"Stays and injunctions come before district judges all of the time. This is not a trick question.”
When the session was over, Chairman Dick Durbin (D-IL) gushed over Hill, congratulating her on “passing the Kennedy bar exam.”
I don’t know what Durbin was watching, but from what I saw, she flunked out. But Democrats apparently grade on a curve, so I am sure Hill will be passed through just like the others.